As proud (and exhausted)
parent of a six-month old, I felt it was my duty to peruse the various television programs
aimed at children. There's that kinda-bear looking Arthur, time-tested Sesame Street, the
indomitable purple dinosaur, and the new kids on the block - some aliens with television
screens in their bellies who mutter barely intelligible phrases. . A far cry from Captain
Kangaroo and Mr. Rogers from my youth!
These Fictional characters that entertain our children are Intellectual Property
dynamos children - they generate millions in licensing revenues from books, TV movies,
tapes, clothes, toys, and just about every item a child could purchase with their parents
money.
Each of these kid characters is protected using the tools of intellectual property -
and the owners use an army of lawyers to stop others from infringing.
With the right combination of a business planning, strategic marketing and intellectual
property protection - a few good ideas for characters have spawned million-dollar
businesses.
The first step is to put together a unique concept - whether a purple dinosaur or
mutant turtles - which is distinguishable and original. Then, put together a business plan
and start working on books and scripts. Generate artwork for the character design and
choose the best marketable design. Choose a distinctive trademark that has a catchy ring
to it.
Now its time to apply the various facets of intellectual property to protect your works
and build value to your concept. Perform a trademark screening search and register the
trademark. Secure the domain name on the Internet to aid in your marketing.
A quick check showed Barney with about 30 trademark applications and registrations, for
every product and service imaginable. The trademarks include a number of design marks and
logos. Trademark protection must be secured for anything that identifies your character to
the public - including the names and designs. If there is a recognizable melody, you can
even register sounds - the NBC chimes are registered trademark.
File for copyright protection on all works as they are completed. Copyright protection
exists on all books, tapes, stuffed animals, artwork, television, and WebPages - as soon
as they are created. But, there are significant advantages to filing a copyright
application, and it is worth the expense. Anyone you hire to do work should sign an
agreement relinquishing rights to the work - otherwise they may later claim ownership
rights.
Once you have laid the groundwork, you should market the character and begin building
goodwill. As the reputation and recognition grows - so does the intellectual property and
marketing value.
Jim Tomaszewski, a local entrepreneur and owner of the "lil' iguana"™
character, states that taking a theme from conception to market is a lot o work. "The
most important thing is to decide where to sell, who to sell to, and how to sell."
Jim has filed for trademark and copyright protection, and has a website at
When he first introduced the lil' iguana, he was competing with Barney, and the plan
wasn't working. So, he changed gears and promoted the lil' iguana as a safety icon - and
the program has been a huge hit ever since. The lil' iguama is now televised and has been
nominated for a number of awards.
As a final comment, Jim suggests taking a theme and trying it small scale. If it
generates a good response, escalate the scale. And, "be willing to take a thousand
No's and not take it personally."
